Tuesday, March 21, 2017

New § 1983 case

SCOTUS today decided Manuel v. City of Joliet, holding that an individual can challenge pre-trial detention through the Fourth Amendment, before or after a judicial finding of probable cause. This was rather than having to rely on substantive due process/outrageous executive misconduct/shocks-the-conscience. Although the focus is on the meaning of the substantive Fourth Amendment, there is some nice discussion of the role that common law plays in understanding § 1983.

There also is a brief discussion, mostly to give guidance to the lower court on remand, about when claims accrue. We will come back to this when we discuss Wallace v. Kato next week.